The appellants appealed a summary judgment dismissing their claim for damages for abuse on the basis of laches and delay.
They argued the motions judge erred because laches and delay were not specifically pleaded by the respondent.
The Court of Appeal dismissed the appeal, finding that the issues were raised in the factums, fully argued, and caused no prejudice or surprise to the appellants, who had known of their claim since 1989 but waited 13 years to commence proceedings.
